47 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 280,676 times   369 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing
  2. Grable & Sons Metal Prods., Inc. v. Darue Eng'g & Mfg.

    545 U.S. 308 (2005)   Cited 3,384 times   47 Legal Analyses
    Holding "that the national interest in providing a federal forum for federal tax litigation is sufficiently substantial to support the exercise of federal-question jurisdiction."
  3. Empire Healthchoice v. McVeigh

    547 U.S. 677 (2006)   Cited 1,838 times   10 Legal Analyses
    Holding that the federal government's "overwhelming interest in attracting able workers to the federal workforce" and "in the health and welfare of the federal workers upon whom it relies to carry out its functions" was insufficient to transform a "state-court-initiated tort litigation" into a "federal case"
  4. Merrell Dow Pharms. Inc. v. Thompson

    478 U.S. 804 (1986)   Cited 3,643 times   4 Legal Analyses
    Holding that private actors have no federal cause of action for a violation of the Federal Drug and Cosmetic Act
  5. Newman-Green, Inc. v. Alfonzo-Larrain

    490 U.S. 826 (1989)   Cited 1,842 times   2 Legal Analyses
    Holding that, where multiple defendants "are jointly and severally liable, it cannot be argued that [one is] indispensable"
  6. University of S. Alabama v. American Tobacco

    168 F.3d 405 (11th Cir. 1999)   Cited 2,781 times
    Holding that if a party is deemed to be “an arm or alter ego of the State, ” then diversity jurisdiction “must fail”
  7. Jackson v. Bellsouth Telecomms.

    372 F.3d 1250 (11th Cir. 2004)   Cited 1,864 times   1 Legal Analyses
    Holding that the same analysis applies to federal and Florida RICO claims
  8. Brooks v. Blue Cross & Blue Shield of Florida, Inc.

    116 F.3d 1364 (11th Cir. 1997)   Cited 1,988 times
    Holding that employees "who have not suffered an injury in that they have been covered by Medicare for the medical care they have received retain a sufficient interest in this action for purposes of the Constitutional 'case or controversy' requirement"
  9. Sinaltrainal v. Coca-Cola Co.

    578 F.3d 1252 (11th Cir. 2009)   Cited 1,198 times   4 Legal Analyses
    Holding that a complaint fails to state a claim unless the well-pled factual allegations of the complaint nudge the claims across the line from conceivable to plausible
  10. Pacor, Inc. v. Higgins

    743 F.2d 984 (3d Cir. 1984)   Cited 2,331 times   8 Legal Analyses
    Holding that where the cause of action is between third parties, the test for "whether a civil proceeding is related to bankruptcy is whether the outcome of that proceeding could conceivably have any effect on the estate being administered in bankruptcy"
  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 362,493 times   962 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 164,394 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  13. Section 1332 - Diversity of citizenship; amount in controversy; costs

    28 U.S.C. § 1332   Cited 116,125 times   572 Legal Analyses
    Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"
  14. Section 1331 - Federal question

    28 U.S.C. § 1331   Cited 101,122 times   141 Legal Analyses
    Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."
  15. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 40,200 times   336 Legal Analyses
    Requiring that fraud be pleaded with particularity
  16. Section 5201 - Purposes

    12 U.S.C. § 5201   Cited 448 times

    The purposes of this chapter are- (1) to immediately provide authority and facilities that the Secretary of the Treasury can use to restore liquidity and stability to the financial system of the United States; and (2) to ensure that such authority and such facilities are used in a manner that- (A) protects home values, college funds, retirement accounts, and life savings; (B) preserves homeownership and promotes jobs and economic growth; (C) maximizes overall returns to the taxpayers of the United

  17. Section 501.212 - Application

    Fla. Stat. § 501.212   Cited 164 times   8 Legal Analyses
    Disallowing " claim for personal injury or death or a claim to property other than the property that is the subject of the consumer transaction."
  18. Section 687.0304 - Credit agreements

    Fla. Stat. § 687.0304   Cited 78 times   3 Legal Analyses
    Defining a credit agreement as an “agreement to lend or forbear repayment of money, goods, or things in action, to otherwise extend credit, or to make any other financial accommodation”